MIGRATION - Skilled (Provisional) (Class VC) visa - Subclass 485 - Post-Study Work stream - holds relevant qualification - awarded by registered educational institution - completed more than 6 months before visa application - did not meet Australian study requirement - decision under review affirmed

Education Services for Overseas Students Act 2000 (Cth)

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), rr 1.03, 1.15F and 2.26AC; Schedule 2, cls 485.111, 485.231, 485.232 and 485.233

1. This is an application for review of a decision made by a delegate of the Minister on 22 May 2023 to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
2. The applicant applied for the visa on 6 June 2022. Visa Class VC contains Subclass 485 (Temporary Graduate). The criteria for the grant of a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations), including criteria in different streams. In this case, the applicant is seeking to meet the criteria in the Post-Study Work stream, which include the criteria in Subdivision 485.23.
3. The delegate refused to grant the visa because the applicant did not satisfy cl 485.231(3)(a) of Schedule 2 to the Regulations because the applicant did not satisfy the Australian study requirement in the period of 6 months immediately before the day the application was made.
4. The applicant appeared before the Tribunal on 29 January 2026 to give evidence and present arguments.
5. The applicant informed the Tribunal before the hearing that he did not require the assistance of an interpreter.
6. The applicant was represented in relation to the review.
7. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

1. The Tribunal had before it a copy of the Departments file. The visa application details the applicant's educational qualifications. The applicant provided documents supporting that he most recently completed a Master of Engineering Project Management Advanced from Griffith University on 10 November 2021.
2. The applicant gave the Tribunal a copy of the delegates decision record with his application for review. Prior to the hearing the applicant provided a written submission and documents demonstrating his educational achievements.
3. The issue in the present case is whether cl 485.231 applies to the applicant, and if so, whether the applicant meets those requirements.

1. Clause 485.231 does not apply to an applicant who meets the requirements of cl 485.232 or 485.233: cl 485.231(1A). The provisions of cl 485.232 and cl 485.233 apply to applicants who have previously held a Subclass 485 visa in the Post-Study Work stream or the Replacement stream.
2. There is no evidence, and the applicant has not claimed, to have previously held a Subclass 485 visa in the Post-Study Work stream or the Replacement stream when the application that is under review was made.
3. Accordingly, the applicant does not meet cl 485.232 or 485.233 and cl 485.231 applies to the applicant.
4. If cl 485.231 applies, the applicant must hold a qualification or qualifications of a kind specified by the Minister, conferred or awarded by an educational institution specified by the Minister, and have satisfied the 'Australian study requirement' in the 6 months immediately before the day the visa application was made (cl 485.231(3)(a)) or, in the 12 months immediately before the day the visa application was made if the applicant was unable to apply within 6 months because they were outside Australia during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020 (cl 485.231(3)(b)).

Does the applicant hold a specified qualification?

1. Clause 485.231(1) requires the applicant to hold a qualification or qualifications of a kind specified by the Minister. The relevant instrument for this purpose is IMMI 13/013[1]. In this case, the applicant holds a Master of Engineering Project Management Advanced which is a qualification specified in that instrument.
2. Therefore, the applicant satisfies cl 485.231(1).

Was the applicant's qualification conferred or awarded by a specified educational institution?

1. Clause 485.231(2) requires the applicant's qualification or qualifications to be conferred or awarded by an educational institution specified by the Minister. The relevant instrument for this purpose is IMMI 13/031[2].
2. In this case, the applicant's qualification was conferred or awarded Griffith University (Cricos Code 00233E) which is an educational institution registered on the Commonwealth Register of Institutions and Courses for Overseas Students and offer courses at degree level and above.
3. Therefore, the applicant satisfies cl 485.231(2).

Does the applicant meet the Australian study requirement?

1. Clause 485.231(3) requires that the applicant met the 'Australian study requirement' in the 6 months immediately before the day the visa application was made or, in the 12 months immediately before the day the visa application was made if the applicant was unable to apply within 6 months because they were outside Australia during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020.
2. Under reg 1.15F(1) of the Regulations, a person satisfies the 'Australian study requirement' if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:
   • that are registered courses,
   • that were completed in a total of at least 16 calendar months,
   • that were completed as a result of a total of at least 2 academic years study,
   • for which all instruction was conducted in English, and
   • that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
3. 'Degree', 'diploma', 'trade qualification', 'registered course', 'completed' and 'academic year' are all defined terms (see regs 1.03, 1.15F and 2.26AC(6), and cl 485.111). 'Completed', in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award (reg 1.15F(2)). For the purposes of this case, one 'academic year' is at least a total of 46 weeks, being the duration of a course registered under the Education Services for Overseas Students Act 2000: Migration (LIN 19/085: Academic Year) Instrument 2019.
4. The applicant provided a completion letter from Griffith University dated 17 November 2021 confirming all instructions for the degree were in English and containing the following details:

1. The Tribunal is satisfied the applicant completed the requirements for the Master degree on 10 November 2021 which is more than 6 months immediately before the day the visa application was on 6 June 2022.
2. The applicant submitted a number of reasons he had been unable to meet the 6-month requirement. The applicant said he was inhibited by the impact of the Covid 19 pandemic; that it was confusing trying to consider the various concessions in relation to visa rules; and that it was difficult to get a booking to undertake an English language test.
3. The applicant's representative submitted that many applicants were approved for the visa without their English test results or Police character letters because it was a difficult period. The representative submitted a number of Tribunal cases supported a favourable outcome.
4. The submitted cases are not supportive of a favourable outcome in the applicant's case. There is no suggestion of administrative delay by the University operating to the applicant's detriment or confusion about the date the applicant's academic requirements were met[3]; the issue in this case is not about an incorrect stream for the application[4]; there is no suggestion the applicant had not completed all the coursework earlier than the date of the institutions 'completion' letter[5]; and there is no contention about when the academic requirements were met[6].
5. The Tribunal finds that the applicant did not satisfy the Australian study requirement in the 6 months immediately before the date of the visa application.
6. Therefore, the applicant does not satisfy cl 485.231(3).
7. On the basis of the above findings, the Tribunal finds that the applicant does not meet cl 485.231, 485.232 or 485.233. Therefore, the applicant does not satisfy the criteria for the grant of a Subclass 485 visa, and as this is the only relevant subclass in this case, the decision under review will be affirmed.

1. The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

Representative for the Applicant: Mr Jayapal Reddy Vadlakonda (MARN: 957482)

[1] QUALIFICATIONS (Clause 485.231) - IMMI 13/013

[2] EDUCATIONAL INSTITUTIONS (Clause 485.231) - IMMI 13/031

[3] Kruger (Migration) [2023] AATA 3881

[4] Raj Pratap Singh (Migration) [2022] AATA 2162

[5] Kumar (Migration) [2023] AATA 1447

[6] Sinatka (Migration) [2025] ARTA 1639